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Thursday, July 07, 2011

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Monday is employer deadline for Diversity Job Fair

The deadline for employers to register for the first annual TBA Diversity Job Fair is Monday, July 11. Please don't let this opportunity pass you by. The Diversity Job Fair, scheduled for Oct. 21-22 in Nashville, will provide law firms, corporate legal departments, government legal departments and all other legal employers in Tennessee with a unique opportunity to interview diverse 2L and 3L law students from 20 law schools in Tennessee and surrounding states. Students will be seeking summer associate positions, clerkships during the academic year and associate attorney positions. For more information about the job fair -- an initiative of the TBA Committee on Racial & Ethnic Diversity (CRED) -- contact TBA staff member Lynn Pointer at lpointer@tnbar.org.

Register online here

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
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04 - TN Court of Appeals
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02 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

ANN LAURE CHAMBERLAIN v. JEREMY STEVEN MOORE

Court: TCA

Attorneys:

Theresa Light Critchfield, Chattanooga, Tennessee, for the Appellant, Ann Laure Chamberlain.

Curtis Lee Bowe, III, Chattanooga, Tennessee, for the Appellee, Jeremy Steven Moore.

Judge: PER CURIAM

On December 10, 2010 the Trial Court entered an Agreed Order on Parenting Time. Ann Laure Chamberlain ("Appellant") filed a motion to set aside the December 10, 2010 order. On February 28, 2011 the Trial Court entered its order, inter alia, denying the motion to set aside, reserving child support matters, and stating that the parties may mediate any remaining issues regarding parenting time. Appellant appeals to this Court. We dismiss this appeal for lack of a final judgment.

http://www.tba2.org/tba_files/TCA/2011/chamberlaina_070711.pdf

IN RE: GABRIEL D. A., ET AL.

Court: TCA

Attorneys:

Brennan Patrick Lenihan, Knoxville, Tennessee, for the Appellant, William E J.

Robert E. Cooper, Jr., Attorney General and Reporter, and Lindsey O. Appiah, Assistant Attorney General, for the Appellee, State of Tennessee Department of Children's Services.

Judge: PER CURIAM

The order from which the appellant William E. J. seeks to appeal was entered on Tuesday, April 12, 2011. A notice of appeal was filed by the appellant on Thursday, May 19, 2011, the 37th day following the entry of the trial court's order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed.

http://www.tba2.org/tba_files/TCA/2011/gabrielda_070711.pdf

IN THE MATTER OF: SHYRONNE D. H., et al.

Court: TCA

Attorneys:

Andrew L. Wener, Memphis, Tennessee, for the appellant, Danielle M. H.

Robert E. Cooper, Jr., Attorney General and Reporter; and John J. Baroni, Solicitor General, for appellee, State of Tennessee, Department of Children's Services.

Kimberly Avery Patterson, Guardian Ad Litem, for Shyronne D. H., Corey H., Eriq T. H., Amani M. H., Dwayne M. H., and Derrix D. C., Jr.

Judge: STAFFORD

This is a termination of parental rights case with an unusual procedural history. Following an incident with one of her children, Appellant Mother was charged with one count of aggravated child neglect or endangerment and one count of aggravated child abuse of a child under eight years of age. She pleaded guilty to aggravated assault and was sentenced to six years' incarceration. In a separate proceeding, the children were adjudicated to be dependent and neglected and victims of severe child abuse. At the termination of parental rights hearing, which is the subject of this appeal, the trial court determined that the previous finding of severe child abuse was res judicata and did not permit the parties to relitigate the issue. We conclude that the trial court erred in finding the issue of severe child abuse to be res judicata because the order finding the children to be dependent and neglected and victims of severe child abuse is not a final judgment. Consequently, Appellant should have been permitted to present evidence and argument at the termination proceeding as to whether she committed severe child abuse. The judgment of the trial court is vacated and remanded.

http://www.tba2.org/tba_files/TCA/2011/shyronnedh_070711.pdf

REBECCA GRIBBLE WADDELL v. GREGORY C. RUSTIN

Court: TCA

Attorneys:

Beth Boniface, Morristown, Tennessee, for the appellant, Rebecca Gribble Waddell.

Ronald J. Attanasio, Knoxville, Tennessee, for the appellee, Gregory C. Rustin.

Judge: SWINEY

This case stems from a lawsuit over an alleged implied partnership. Rebecca Gribble Waddell ("Waddell") and Gregory C. Rustin ("Rustin") were involved romantically for a number of years. After the couple separated, Waddell sued Rustin in the Chancery Court for Jefferson County ("the Trial Court"), alleging, among other things, that a partnership existed between Waddell and Rustin. The Trial Court held, inter alia, that there was no partnership between Waddell and Rustin and ordered divestiture of certain property from Waddell to Rustin. Waddell appeals to this Court, and both parties raise multiple issues. Rustin also argues that this appeal is frivolous. We affirm the judgment of the Trial Court on all issues except for that concerning divestiture of certain property from Waddell, which we reverse. We decline to hold this appeal frivolous. We affirm, in part, and, reverse, in part.

http://www.tba2.org/tba_files/TCA/2011/waddellr_070711.pdf

TOMMY LEE CLARK v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Tommy Lee Clark, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: MCLIN

The Petitioner, Tommy Lee Clark, appeals the Circuit Court of Lake County's dismissal of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court's dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/clarkt_070711.pdf

STATE OF TENNESSEE v. WILLIAM RANDALL CRAWFORD

Court: TCCA

Attorneys:

Edward C. Miller, District Public Defender, for the appellant, William Randall Crawford.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; James B. (Jimmy) Dunn, District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

The defendant, William Randall Crawford, pled guilty to three counts of attempted first degree murder, two counts of aggravated assault, and one count of simple assault. He received an aggregate sentence of forty-six years in the Tennessee Department of Correction. On appeal, he challenges the sentencing determinations made by the trial court, specifically arguing that he should have received the minimum sentence for each individual offense and that the sentences should not have been ordered to run consecutively. After careful review, we conclude that the trial court imposed a lawful sentence and affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/crawfordw_070711.pdf

ATAVIS CORTEZ CUNNINGHAM v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Danny H. Goodman, Tiptonville, Tennessee, for the appellant, Atavis Cortez Cunningham.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

Following his conviction by a Dyer County Circuit Court jury of one count of aggravated assault for which he received a sentence of eight years' incarceration as a Range II, multiple offender, the petitioner, Atavis Cortez Cunningham, filed a timely petition for post-conviction relief based upon allegations of ineffective assistance of counsel and an unconstitutional jury composition. The Dyer County Circuit Court denied relief following an evidentiary hearing. On appeal, the petitioner contends that the post-conviction court erred by denying relief. Discerning no error, we affirm the order of the circuit court.

http://www.tba2.org/tba_files/TCCA/2011/cunninghama_070711.pdf

MICHAEL CHARLES KING v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Michael Charles King, Pro Se, Mountain City, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter, David H. Findley, Assistant Attorney General; and Joe Crumley, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Following an indictment by the Cheatham County Grand Jury, Petitioner, Michael Charles King, entered a plea of nolo contendere to one count of felony murder in Dickson County. He was subsequently sentenced to life in prison. Petitioner filed a petition for writ of habeas corpus. The habeas corpus court summarily dismissed the petition. On appeal, Petitioner argues that his plea of nolo contendere was not sufficient to waive venue because the district attorney did not authorize the waiver in writing. We have concluded that venue was properly waived, and Petitioner's judgment is valid. Therefore, we affirm the decision of the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2011/kingm_070711.pdf

Powers of Water and Wastewater Treatment Authority Outside of its Service Area

TN Attorney General Opinions

Date: 2011-07-07

Opinion Number: 11-53

http://www.tba2.org/tba_files/AG/2011/ag_11_53.pdf

Selection of Exclusive Bargaining Representative

TN Attorney General Opinions

Date: 2011-07-07

Opinion Number: 11-54

http://www.tba2.org/tba_files/AG/2011/ag_11_54.pdf

TODAY'S NEWS

Upcoming
Legal News
Congressional News
Career Opportunities
TBA Member Services

Upcoming

Investiture ceremony planned for Judge Sharp

Nashville lawyer Kevin Sharp will be installed as U.S. District Court Judge for the Middle District of Tennessee at a ceremony on July 15. The event begins at 4 p.m. in the Ceremonial Courtroom (Room 874) of the U.S. Courthouse, located at 801 Broadway in Nashville. A reception will follow the ceremony in Room A-802. Please RSVP by July 8 to (615) 695-2877.

Download the invitation

Legal News

TBA committee reports on third party closing opinions

A Joint Opinion Committee of the TBA's Real Estate and Business Law sections has released a new report on Third Party Closing Opinions. The report is intended to be a resource for Tennessee practitioners who deal with third party opinion issues. The committee was made up of William P. Aiken Jr. of Chambliss, Bahner & Stophel; Katherine Simpson Allen of Stites & Harbison; William C. Argabrite of Hunter, Smith & Davis; Van P. East III of White & Reasor; Kenneth P. Ezell Jr. of Baker, Donelson, Bearman, Caldwell & Berkowitz; Dennis McClane of Woolf, McClane, Bright, Allen & Carpenter; Brooks R. Smith of Bradley Arant Boult Cummings; Samuel E. Stumpf Jr. of Bass, Berry & Sims; and Geoffrey G. Young of Miller & Martin.

Download a copy of the report

New lawyers see salary decline

A study released yesterday by the National Association of Law Placement (NALP) indicates that the median salary for 2010 law school graduates fell by $9,000 from $72,000 to $63,000 over the last year. The average salary for the graduates also dropped from $93,454 to $84,111. NALP's executive director explained the numbers saying "It's not that employers were paying less" but that "fewer recent grads were finding work at the large firms that pay the highest salaries."

Read more in the Tennessean

Courtroom renovations coming to Cumberland Co.

The old courtroom in the upstairs of the Cumberland County Courthouse is undergoing a long-overdue renovation to turn it into a public meeting room for county business. For years, the county commission met in the room despite broken chairs, peeling wallpaper and dingy lighting. The renovations will include expanding the size of the room, installing a horseshoe-shaped table so commissions can face the audience (rather than conducting business from the jury box!) and installing microphones at each seat and the podium.

Learn more about the courthouse in the Crossville Chronicle

Malpractice claims up

Law firms and corporations are being hit with significantly more malpractice claims in 2011 than they were in 2010, according to a new survey of insurers that specialize in legal malpractice coverage. The survey -- which covers the first six months of the year -- found that real estate practices were the most likely to be sued. The surge in claims is not entirely unexpected according to the study's authors. In February 2009, the National Law Journal featured a story in which insurers and lawyers predicted that firms could expect a rise in such suits as clients see litigation as a way of covering their losses.

Am Law Daily has more

Appeals court blocks 'Don't Ask, Don't Tell'

The San Francisco-based 9th U.S. Court of Appeals issued an order yesterday that bars the government from enforcing its "don't ask, don't tell" policy on gays in the military. The move lifts a stay the court had imposed after a lower court found the policy to be unconstitutional. The appeals court noted that circumstances have changed since it issued the stay last November. Among those changes is the fact that repeal of the policy is already under way and that the government has taken the position that sexual orientation classifications should be subject to heightened scrutiny.

Read about the decision in the New York Times

Law firm mergers up, small deals dominate

There were 12 law firm mergers and acquisitions in the second quarter of 2011 -- a 47 percent increase compared to last year according to Altman Weil MergerLine. Of interest, 10 of the 12 deals reported involved law firms with 20 or fewer lawyers. The other two deals involved firms with fewer than 50 lawyers. The total number of mergers in 2011 now stands at 28.

Fewer Americans file for bankruptcy

After climbing for the past few years, the number of Americans who filed for bankruptcy dropped last month according to a report from Epiq Systems, which tracks bankruptcy filings. The number of filings in June was 120,623, or an average of 5,483 a day -- a drop of 6.2 percent from May. Average filings are down nearly 10 percent when compared to June 2010.

The New York Times reports

Antitrust chief leaving Justice Department

Christine Varney, the chief enforcer of the nation's antitrust laws for the past 2 1/2 years, is stepping down. She will join the New York law firm of Cravath, Swaine & Moore LLP. According to the Associated Press, Varney's tenure at the Justice Department was marked by heightened enforcement standards and tough challenges to several proposed mergers.

The Bristol Herald Courier has the AP story

Congressional News

House budget would cut LSC by $104 million

The U.S. House Appropriations Committee has proposed funding the Legal Services Corporation (LSC) at $300 million for Fiscal Year 2012 -- a reduction of $104 million from the current budget. Under the proposal, field grants to local legal aid programs would be cut from $378.6 million to $274.4 million. LSC President James J. Sandman reacted strongly saying that some 235,000 low-income Americans would be turned away from local programs if the committee proposal were enacted. American Bar Association President Stephen Zack urged Congress to find cuts in programs that are not working rather than those that serve millions of Americans every year.

Career Opportunities

Small Nashville firm seeks to expand

A small, established law firm located in downtown Nashville seeks to add to its practice an attorney who can bring annual business of $400,000 or more from existing clientele. Interested candidates should send a resume to lawhrdept@hotmail.com.

Learn more on JobLink

TBA Member Services

Earn rewards with Budget car rentals

Tennessee Bar Association members who rent with Budget twice for two consecutive days on each rental before Dec. 31 can receive $25 to put toward their next car rental. To take part in the promotion, first enroll in the Budget Fastbreak counter bypass program. After enrolling, visit Budget Bucks to get full terms and conditions of this promotion and to sign up. Also remember that with your Tennessee Bar Association Budget Customer Discount Code you can receive up to 20 percent off your rentals.

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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.